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Why you may want to keep a divorce out of court

Many people associate divorce with contentious court battles. However, a divorce doesn't have to go down that path. There are many strategies that couples ending a marriage can explore to keep things out of the courts. There are a number of benefits that avoiding litigation can have for divorcing couples and their families. Below we'll point out three major advantages to doing just that.

Reducing costs and time

Preparing for and appearing in court takes time, and resolving divorce issues in the courtroom can be a lengthy and very expensive process. Exploring alternative methods to resolving disputes can potentially help with saving both money and time in a divorce, and can lead to a much better outcome.

Preparing for a smoother relationship post-divorce

Why focus on the relationship after a divorce? There are many reasons why someone involved in a divorce may want to maintain a strong, amicable working relationship with his or her ex-spouse. Perhaps the most important reason is to be able to constructively co-parent post-divorce. Keeping the divorce process as low-conflict as possible, and therefore avoid going to court, helps set up the future co-parenting relationship in a more positive manner, thereby benefitting the entire family.

Or maybe you work together or co-own a business, and that business relationship will continue. You may belong to the same faith and attend services at the same time. You may circulate in the same social circles, and anticipate that will continue. Or possibly you want to walk away from the divorce knowing you upheld the values that are important to you: integrity, honesty, and goodwill.

Keeping divorce matters out of court can help with lowering the overall conflict involved in the process. This allows you to protect your personal goals long after the divorce is final.

Tailored solutions

Leaving dispute resolution up to a judge or jury takes power out of the parties' hands. Each divorcing couple is unique. The diverse methods available outside of court for resolving divorce issues can give spouses an environment and level of control that allows for creative solutions to be reached that are highly tailored to their unique situation. This often results in a distinctive resolution that best fits the entire family, and likely is a much better resolution than would have been obtained from a judge or jury.

Using alternative methods to avoid court

There are a range of methods for resolving divorce matters outside of court. The most common ones include:

  • Collaborative divorce, which is a legal process aimed at allowing divorcing spouses to work together outside of court to reach joint solutions that work for both of them; they work with their attorneys and consult additional professionals (financial advisor, therapist, etc.) as needed throughout the process
  • Reaching a settlement through traditional negotiation between attorneys
  • Mediation, which involves a divorcing couple and their attorneys working with a third-party mediator to reach workable divorce agreements
  • Arbitration, which involves a couple and their attorneys bringing divorce issues before an arbitrator who makes binding decisions on the issues to be resolved

Which out-of-court divorce option would be most likely to help a divorcing couple achieve their overall goals depends on their particular situation and their goals. If you have a desire to avoid litigation through the courts in a divorce, you may consider reaching out for guidance from an experienced divorced lawyer who specifically aims to reduce conflict in the divorce process. Hargrave Family Law can do just that, and can help you explore all the options available to you.

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Hargrave Family Law Jennifer S. Hargrave, P.C.

Hargrave Family Law
4201 Spring Valley Rd.
Suite 1210
Dallas, TX 75244

Phone: 214-420-0100
Fax: 214-420-0101
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